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Reasons
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(영문) 서울북부지방법원 2017.10.27 2017나238
청구이의
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1. Revocation of a judgment of the first instance;

2. The defendant's judgment against the plaintiff is delivered on November 23, 2005 to the Seoul Northern District Court.

Reasons

1. Basic facts

A. On November 23, 2005, the Defendant filed a lawsuit against the Plaintiff for the claim for payment of each letter of claim with Seoul Northern District Court Decision 2005Da179516, and on November 23, 2005, the Defendant rendered a judgment accepting the Defendant’s claim that “the Plaintiff shall pay to the Defendant the amount of KRW 15,00,000 and the interest calculated at the rate of 36% per annum from July 22, 2005 to the date of full payment,” and the above judgment became final and conclusive around that time as there was no Plaintiff’s appeal within the period of appeal.

(hereinafter referred to as the “claim for Price of each of the instant notes”) b.

The defendant applied for a compulsory auction on real estate owned by the plaintiff to Seoul Eastern District Court E with the claim for each of the instant notes as the execution bond, and was ordered to commence compulsory auction on August 20, 2015.

C. On March 4, 2016, F issued a collection order (hereinafter “instant claim seizure and collection order”) with respect to the instant claim for the payment of each of the instant written orders as of March 4, 2016, by the Seoul Northern District Court 2016TTT District Court 2016TTTTT3479, the executory exemplification of the loan case No. 2008Gahap8070, Seoul Eastern District Court 205,742,621, and the amount of the claim was KRW 205,742,621, and on March 12, 2016, the original copy

[Recognition] Facts without dispute, entry of Gap evidence Nos. 7 through 11, the purport of the whole pleadings

2. The assertion and judgment

A. On October 16, 2003, the Plaintiff borrowed KRW 13,500,000 from the Defendant as gambling fund, and made up a written statement with the Plaintiff as the obligor, and C as the surety. After C received KRW 13,500,000 from the Defendant, the Plaintiff immediately returned the amount of KRW 7,000,000 to the Defendant, and the remainder of KRW 8,00,000 from April 30, 200 to December 7, 2004, the Plaintiff claimed that all of the amounts of KRW 2,00,000 from April 30, 200 to December 7, 2004 were repaid to one bank account of the Defendant’s wife. However, the Plaintiff’s repayment cited as the ground for objection.

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